20 February 2017 · Delegated - Senior Planning Officer Sarah Corlett
Field 333144, East Foxdale Road, Foxdale, Isle Of Man, IM4 3hl
The proposal involves constructing 1.4m high Manx stone walls along the highway-facing parts of the site, paths in self-binding gravel zigzagging from the access point up to existing stone buttresses with memorial benches, and a tarmac parking area accessed off Billy Goat Hill.
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The officer concluded that the proposal meets the key intentions of the Foxdale Local Plan by turning previously contaminated land into open space following prior reclamation works, which aligns with …
General Policy 2
Requires development in accordance with Area Plan zoning to respect site surroundings, not adversely affect landscape character, amenities, wildlife, or highways, and avoid contaminated land risks. Officer assessed the memorial garden as compliant in principle with Foxdale Local Plan open space zoning, incorporating topography and providing parking, with prior decontamination mitigating contamination concerns.
Environment Policy 24 - Pollution sensitive development
Pollution-sensitive development only where measures safeguard amenity. Supported by Strategic Plan guidance on contaminated mining land; officer noted site's prior capping and reclamation addressed risks.
Environment Policy 26
No development on contaminated land unless no unacceptable risk demonstrated. Officer confirmed site's reclamation history and mine shaft capping satisfied this for open space use.
Environment Policy 27
Enhance natural environment including former mine workings via reclamation and planting. Proposal aligns with Local Plan recommendations for open space, capping, and indigenous planting.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Parking provision
Prior to the use of the land as a Memorial Garden coming into use, the area labelled "TARMAC PARKING AREA" on approved Drawing MG-03 Rev B, date-stamped as having been received 14th December 2016, shall be provided and kept free of obstruction thereafter. Reason: In the interest of providing appropriate levels of off-street parking in the interest of highway safety.
The parking is acceptable and Highway Services do not oppose this application.
No objections should suitable precautions to reduce harmful materials entering the river be followed.
Memorial garden would seem to be an appropriate after-use of the site and therefore do not object to the principle.
Offered no objection to the scheme.
Multiple consultees responded to PA 16/01376/B with mixed views: Manx National Heritage and Patrick Parish Commissioners had no objection in principle, Manx Utilities objected to the stone wall position over a cable, DEFA Fisheries had no objection after review, Department of Eco…
Key concern: proposed stone wall over low voltage underground cable
Manx National Heritage
Conditional No ObjectionA memorial garden would seem to be an appropriate after-use of the site and MNH would not object to the principle.; If it is effectively to be public open space, any potential future burden of upkeep that would fall on the commissioners should be taken into account.
Conditions requested: low intensity management such as allowing grass to grow freely in at least some areas and encouraging local wildflowers (but not invasive alien species) would be better than large areas of closely mown grass
Manx Utilities
ObjectionThere is a low voltage underground cable, in the area of this planning application. We object to the proposed position of the stone wall which will be over this cable.
Conditions requested: the applicant contacts our Network Operations Department, Manx Utilities Authority, (t: 687687) to discuss working practices around underground cables which may be required to be diverted
DEFA Inland Fisheries
Conditional No ObjectionDEFA Fisheries have no objection to the proposed development, provided that these precautions are followed and there is no disturbance of the watercourse.; The applicant has considered suitable precautions to reduce the possibility of harmful materials entering the river.
Conditions requested: these precautions are followed and there is no disturbance of the watercourse; contact DEFA when works are due to commence
Department of Economic Development
No CommentOur records indicate the location of a mine shaft (known as Potts Shaft and indicated as Number 145 on the plan below) is situated within the area marked for development and there is no mention of how the shaft is to be (or has been) treated.
Patrick Parish Commissioners
No ObjectionThe Commissioners resolved that they have no objection to the scheme.
Conditions requested: If the former, the Applicant is recommended to provide a dog waste (unless he proposes to ban dogs) and other rubbish bins
Department of Infrastructure Highways Division
No CommentDEFER on 13-1-17; Highways input deferred pending further information/input
